2010/11/09 City Council Resolution 2010-124RESOLUTION NO. 2010-124
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING A MASTER AGREEMENT WITH
NORTH FORK ASSOCIATES
FOR ON -CALL PLANNING SERVICES
WHEREAS, the City desires to obtain on -call general planning services; and
WHEREAS, North Fork Associates submitted a proposal indicating they have
the experience and expertise to provide said services; and
WHEREAS, North Fork Associates provides similar services to the City for
planning and environmental review services.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Rohnert Park that:
1. The Master Agreement by and between North Fork Associates and the City of
Rohnert Park for ongoing on -call general planning and environmental review
services is hereby approved.
2. The City Manager is hereby authorized and directed to execute this agreement in
substantially similar form to the attached agreement for and on behalf of the City
of Rohnert Park.
3. The Director of Development Services is authorized to manage said agreement on
behalf of the City.
DULY AND REGULARLY ADOPTED this 9t' day of November, 2010.
CITY OF ROHNERT PARK
Mayor
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City of Rohnert Park
130 Avram Ave.
Rohnert Park, CA 94928
CONSULTANT SERVICES AGREEMENT
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THIS AGREEMENT is entered into as of the c <da�5? day of 2010, by
and between the CITY OF ROHNERT PARK ( "City "), a California municipal corporation, and
North Fork Environmental, Inc. dba North Fork Associates ( "Consultant "), "a California
corporation ".
Recitals
WHEREAS, City desires to obtain Planning consulting services in connection with
several development projects and General Plan consistency updates; and
WHEREAS, Consultant hereby warrants to the City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals set forth above, and all defined
terms set forth in such recitals and in the introductory paragraph preceding the recitals,
are hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination.
A. Cam. The City Manager or his/her designee, shall represent City
for all purposes under this Agreement. The Planning and Building Manager is hereby
designated as the Project Manager. The Project Manager shall supervise the progress and
execution of this Agreement.
B. Consultant. The Consultant shall assign Cathleen Spence -Wells to
have overall responsibility for the progress and execution of this Agreement for
Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals
as the City through its staff may determine from time to time, Consultant shall perform
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the services set out in the "Scope of Work" attached hereto as Exhibit A and incorporated
herein by reference.
B. Time of Performance. The services of Consultant are to
commence upon receipt of a written notice to proceed from City, but in no event prior to
receiving a fully executed agreement from City and obtaining and delivering the required
insurance coverage, and satisfactory evidence thereof, to City. The services of Consultant
are to be completed as directed by the Project Manager. Consultant shall perform its
services in accordance with the schedule attached hereto as Exhibit A, and incorporated
herein by reference. Any changes to these dates in either this Section 3 or Exhibit A must
be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work
performed by Consultant under this Agreement shall be in accordance with all applicable
legal requirements and shall meet the standard of quality ordinarily to be expected of
competent professionals in Consultant's field of expertise.
4. Compensation and Method of Pam.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall be at
the rate and schedules attached hereto as Exhibit B, and incorporated herein by reference.
However, in no event shall the amount City pays Consultant exceed One Hundred Fifty
Thousand Dollars ($150,000.00). Payment by City under this Agreement shall not be
deemed a waiver of unsatisfactory work, even if such defects were known to the City at
the time of payment.
B. Timing of Pyment. Consultant shall submit itemized monthly
statements for work performed. City shall make payment, in full, within thirty (30) days
after approval of the invoice by the Project Manager.
C. Changes in Compensation. Consultant will not undertake any
work that will incur costs in excess of the amount set forth in Paragraph 4(A) without
prior written amendment to this Agreement.
D. Taxes. Consultant shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance
contributions, Workers Compensation insurance premiums, sales taxes, use taxes,
personal property taxes, or other taxes or assessments now or hereafter in effect and
payable by reason of or in connection with the services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no
premium or enhanced pay for work normally understood as overtime, i.e., hours that
exceed forty (40) hours per work week, or work performed during non- standard business
hours, such as in the evenings or on weekends. Consultant shall not receive a premium or
enhanced pay for work performed on a recognized holiday. Consultant shall not receive
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paid time off for days not worked, whether it be in the form of sick leave, administrative
leave, or for any other form of absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless
the action is brought by Consultant or is based upon Consultant's negligence, City will
compensate Consultant for the preparation and the testimony at Consultant's standard
hourly rates, if requested by City and not part of the litigation brought by City against
Consultant.
5. Amendment to Scope of Work. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In such
event, the compensation and time of performance shall be subject to renegotiation upon
written demand of either party to the Agreement. Consultant shall not commence any
work exceeding the Scope of Work without prior written authorization from the City.
Failure of the Consultant to secure City's written authorization for extra or changed work
shall constitute a waiver of any and all right to adjustment in the contract price or time
due, whether by way of compensation, restitution, quantum meruit, etc. for work done
without the appropriate City authorization.
6. Term. This Agreement shall commence upon its execution by both parties
and shall continue in full force and effect until completed, amended pursuant to Section
21, or otherwise terminated as provided herein.
7. Inspection. Consultant shall furnish City with every reasonable
opportunity for City to ascertain that the services of Consultant are being performed in
accordance with the requirements and intentions of this Agreement. All work done and
all materials furnished, if any, shall be subject to the Project Manager's inspection and
approval. The inspection of such work shall not relieve Consultant of any of its
obligations to fulfill the Agreement as prescribed.
8. Ownership of Documents. Title to all plans, specifications, maps, estimates,
reports, manuscripts, drawings, descriptions and other final work products compiled by the
Consultant under the Agreement shall be vested in City, none of which shall be used in any
manner whatsoever, by any person, firm, corporation, or agency without the expressed
written consent of the City. Basic survey notes and sketches, charts, computations, and
other data prepared or obtained under the Agreement shall be made available, upon request,
to City without restriction or limitations on their use. Consultant may retain copies of the
above - described information but agrees not to disclose or discuss any information gathered,
discussed or generated in any way through this Agreement without the written permission of
City during the term of this Agreement, unless required by law.
9. Employment of Other Consultants, Specialists or Experts. Consultant will
not employ or otherwise incur an obligation to pay other consultants, specialists or
experts for services in connection with this Agreement without the prior written approval
of the City.
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10. Conflict of Interest. Consultant covenants and represents that neither it,
nor any officer or principal of its firm, has, or shall acquire any investment, income,
business entity, interest in real property, or other interest, directly or indirectly, which
would conflict in any manner with the interests of City, hinder Consultant's performance
of services under this Agreement, or be affected in any manner or degree by performance
of Consultant's services hereunder. Consultant further covenants that in the performance
of the Agreement, no person having any such interest shall be employed by it as an
officer, employee, agent, or subcontractor without the express written consent of the City.
Consultant agrees to at all times avoid conflicts of interest, or the appearance of any
conflicts of interest, with the interests of the City in the performance of the Agreement.
A. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect
to its rendition of information, advice, recommendation, or counsel independent of the
control and direction of the City or of any City official, other than normal contract
monitoring; and
(2) possesses no authority with respect to any City decision
beyond the rendition of information, advice, recommendation, or counsel. (2 Cal. Code
Regs. § 18700(a)(2).)
11. Liability of Members and Employees of City. No member of the City and
no other officer, elected official, employee or. agent of the City shall be personally liable
to Consultant or otherwise in the event of any default or breach of the City, or for any
amount which may become due to Consultant or any successor in interest, or for any
obligations directly or indirectly incurred under the terms of this Agreement.
12. Indemnity. To the fullest extent permitted by law, Consultant hereby
agrees to defend (by counsel reasonably satisfactory to the City), indemnify, and hold
harmless the City, its officers, elected officials, employees, agents, and volunteers from
and against any and all claims, demands, damages, costs, liabilities, or obligations
brought on account of or arising out of any acts, errors, or omissions of Consultant, its
officers, employees, agents, and subcontractors undertaken pursuant to this Agreement
excepting liabilities due to the sole negligence or willful misconduct of City. The City
has no liability or responsibility for any accident, loss, or damage to any work performed
under this Agreement whether prior to its completion and acceptance or otherwise.
Consultant's duty to indemnify and hold harmless, as set forth herein, shall include the
duty to defend as set forth in California Civil Code § 2778. This indemnification
obligation is not limited in any way by any limitation on the amount or type of damages
or compensation payable by or for Consultant under Worker's Compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance
held or provided by Consultant and shall continue to bind the parties after
termination/completion of this agreement. This indemnification shall be regardless of and not
in any way limited by the insurance requirements of this contract. This indemnification is for the
full period of time allowed by law and shall survive the termination of this agreement.
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13. Consultant Not an Agent of City. Consultant, its officers, employees and
agents shall not have any power to bind or commit the City to any decision.
14. Independent Contractor. It is expressly agreed that Consultant, in the
performance of the work and services agreed to be performed by Consultant, shall act as
and be an independent contractor and not an agent or employee of City; and as an
independent contractor, Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any
claim it may have to any such rights.
15. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state, and local laws, codes, ordinances, and
regulations. Consultant represents and warrants to City that it has and shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement
any licenses, permits, insurance and approvals which are legally required for Consultant
to practice its profession. Consultant shall maintain a City business license. The City is
not responsible or liable for Consultant's failure to comply with any or all of the
requirements contained in this paragraph.
B. Workers' Compensation. Consultant certifies that it is aware of
the provisions of the California Labor Code which require every employee to be insured
against liability for workers' compensation or to undertake self - insurance in accordance
with the provisions of that Code, and Consultant certifies that it will comply with such .
provisions before commencing performance of the Agreement and at all times in the
performance of the Agreement.
C. Prevailing Wage. Consultant and Consultant's subconsultants (if
any) shall, to the extent required by the California Labor Code, pay not less than the latest
prevailing wage rates to workers and professionals as determined by the Director of
Industrial Relations of the State of California pursuant to California Labor Code, Part 7,
Chapter 1, Article 2. Copies of the applicable wage determination are on file at the City's
office of the City Clerk.
D. Injury and Illness Prevention Proms. Consultant certifies that it
is aware of and has complied with the provisions of California Labor Code § 6401.7,
which requires every employer to adopt a written injury and illness prevention program.
E. City Not Responsible. City is not responsible or liable for
Consultant's failure to comply with any and all of its requirements under this section and
Agreement.
F. Waiver of Subrogation. Consultant and Consultant's insurance
company agree to waive all rights of subrogation against City, its officers, elected
officials, employees, agents and volunteers for losses paid under Consultant's workers'
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compensation insurance policy which arise from the work performed by Consultant for
the City.
16. Confidential Information. All data, documents, discussions or other
information developed or received by or for Consultant in performance of this Agreement
are confidential and not to be disclosed to any person except as authorized by the City, or
as required by law.
17. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or
convey its duties, responsibilities, or interests in this Agreement or any right, title,
obligation, or interest in or to the same or any part thereof without the City's prior written
consent. Any assignment without such approval shall be void and, at the City's option,
shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant
hereunder. No subcontractor of Consultant shall be recognized by the City as such;
rather, all subcontractors are deemed to be employees of the Consultant, and Consultant
agrees to be responsible for their performance. Consultant shall give its personal
attention to the fulfillment of the provisions of this Agreement by all of its employees and
subcontractors, if any, and shall keep the work under its control. If any employee or
subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement
or appears to be incompetent or to act in a disorderly or improper manner, it shall be
discharged immediately from the work under this Agreement on demand of the Project
Manager.
18. Insurance. Without limiting consultant's indemnification provided herein,
Consultant shall comply with the requirements set forth in Exhibit C to this Agreement.
19. Termination of Agreement; Default.
A. This Agreement and all obligations hereunder may be terminated
at any time, with or without cause, by the City upon 5 -days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violate any of
the terms of this Agreement, in addition to all other remedies provided by law, City may
terminate this Agreement immediately upon written notice. In such event, Consultant
shall be entitled to receive as full payment for all services satisfactorily rendered and
expenses incurred hereunder, an amount which bears the same ratio to the total fees
specified in the Agreement as the services satisfactorily rendered hereunder by
Consultant bear to the total services otherwise required to be performed for such total fee;
provided, however, that the City shall deduct from such amount the amount of damages,
if any, sustained by City by virtue of the breach of the Agreement by consultant.
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C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of
such termination, it being understood that any payments are full compensation for
services rendered prior to the time of payment.
D. Upon termination of this Agreement with or without cause,
Consultant shall turn over to the City Manager immediately any and all copies of studies,
sketches, drawings, computations, and other data, whether or not completed, prepared by
Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if
any, in connection with this Agreement. Such materials shall become the permanent
property of the City. Consultant, however, shall not be liable for the City's use of
incomplete materials nor for the City's use of complete documents if used for other than
the project contemplated by this Agreement.
20. Sus ep nsion. The City shall have the authority to suspend this Agreement
and the services contemplated herein, wholly or in part, for such period as it deems
necessary due to unfavorable conditions or to the failure on the part of the Consultant to
perform any provision of this Agreement. Consultant will be paid for satisfactory
Services performed through the date of temporary suspension.
21. Merger; Amendment. This Agreement constitutes the complete and
exclusive statement of the agreement between the City and Consultant and shall
supersede all prior negotiations, representations, or agreements, either written or oral.
This document may be amended only by written instrument, signed by both the City and
Consultant. All provisions of this Agreement are expressly made conditions.
22. Interpretation. This Agreement shall be interpreted as though it was a
product of a joint drafting effort and no provisions shall be interpreted against a party on the
ground that said party was solely or primarily responsible for drafting the language to be
interpreted.
23. Litigation Costs. If either party becomes involved in litigation arising out
of this Agreement or the performance thereof, the court in such litigation shall award
reasonable costs and expenses, including attorneys' fees, to the prevailing party. In
awarding attorneys' fees, the court will not be bound by any court fee schedule, but shall,
if it is in the interest of justice to do so, award the full amount of costs, expenses, and
attorneys' fees paid or incurred in good faith.
24. Time of the Essence. Time is of the essence of this Agreement.
25. Written Notification. Any notice; demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand, etc. shall be addressed to the other party at the address set forth below. Either
party may change its address by notifying the other party of the change of address.
Notice shall be deemed communicated within 72 hours from the time of mailing if mailed
as provided in this section.
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If to City: City Clerk
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
If to Consultant: Cathleen Spence - Wells, President
North Fork Associates
110 Maple Street
Auburn, CA 95603
26. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services, or expenditures and disbursements charged to the City
and all documents and records which demonstrate performance under this Agreement for
a minimum period of three (3) years, or for any longer period required by law, from the
date of termination or completion of this Agreement.
B. Any records or documents required to be maintained pursuant to
this Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Attorney, City Auditor, City Manager,
or a designated representative of any of these officers. Copies of such documents shall be
provided to the City for inspection when it is practical to do so. Otherwise, unless an
alternative is mutually agreed upon, the records shall be available at Consultant's address
indicated for receipt of notices in this Agreement.
C. The City may, by written request by any of the above -named
officers, require that custody of the records be given to the City and that the records and
documents be maintained in the City Manager's office.
27. Agreement Binding. The terms, covenants, and conditions of this
Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators,
assigns, and subcontractors of both parties.
28. Equal Employment OpportunitX. Consultant is an equal opportunity
employer and agrees to comply with all applicable state and federal regulations governing
equal employment opportunity. Consultant will not discriminate against any employee or
applicant for employment because of race, age, sex, creed, color, sexual orientation,
marital status or national origin. Consultant will take affirmative action to ensure that
applicants are treated during such employment without regard to race, age, sex, creed,
color, sexual orientation, marital status, or national origin. Such action shall include, but
shall not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; lay -offs or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. Consultant further
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
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29. City Not Obligated to Third Parties. The City shall not be obligated or
liable for payment hereunder to any parry other than the Consultant.
30. Waiver. No failure on the part of either party to exercise any right or
remedy hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder.
31. Severability. If any one or more of the provisions contained herein shall
for any reason be held to be invalid, illegal or unenforceable in any respect, then such
provision or provisions shall be deemed severable from the remaining provisions hereof,
and such invalidity, illegality, or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had not been contained herein.
32. Exhibits. The following exhibits are attached to this Agreement and
incorporated herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
33. Execution. This Agreement may be executed in several counterparts, each
of which shall constitute one and the same instrument and shall become binding upon the
parties when at least one copy hereof shall have been signed by both parties hereto. In
approving this Agreement, it shall not be necessary to produce or account for more than
one such counterpart.
34. News Releases /Interviews. All Consultant and subconsultant news
releases, media interviews, testimony at hearings and public comment related to the City
shall be prohibited unless expressly authorized by the City.
35. Applicable Law, Venue. This Agreement shall be construed and
interpreted according to California law. In the event that suit shall be brought by either
party hereunder, the parties agree that trial of such action shall be held exclusively in a
state court in the County of Sonoma, California.
36. Authority. Each individual executing this Agreement on behalf of one of
the parties represents that he or she is duly authorized to sign and deliver the Agreement
on behalf of such party and that this Agreement is binding on such party in accordance
with its terms.
37. STATEMENT OF ECONOMIC INTEREST. If City determines
Consultant comes within the definition of Consultant under the Political Reform Act
(Government Code §87100), Consultant shall complete and file and shall require any
other person doing work under this Agreement to complete and file a "Statement of
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Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant
and/or such other person's financial interests.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date
first above written.
CITY OF ROHNERT PARK
City Manager
Date:
Per Resolution No. 2010 - _adopted by the Rohnert Park
City Council at its meeting of
APPROVED AS TO FORM:
By:
City Attorney
ATTEST:
By:
City Clerk
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CONSULTANT
By:
Title:
Date:
CONSULTANT
By:
Title:
Date:
1208604v1 80078/0012 Revised: 10 /08/10
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SCOPE OF WORK
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City of Rohnert Park
Contract Planning Services
North Fork Associates (NFA) proposes to provide contract staffing services to assist the City of
Rohnert Park with the project management and entitlement processing tasks for projects
currently under review at the City. The projects under review include the Sonoma Mountain
Village Planned Development, Southeast Specific Plan, Northeast Specific Plan and revisions to
the University District Specific Plan (approved in 2006). The projects are in differing phase of
environmental and application review. Based upon review of the project files and discussion
with City staff, the entitlements, current status and anticipated tasks associated with each of the
projects are listed below. In addition, NFA proposes to provide current and advanced planning
services as requested by the Planning and Building Manager. ,
Sonoma Mountain Village Planned Development (SMV)
Status:
The EIR has been certified and the project approved by the City Council on August 24, 2010.
NFA is now managing project processing.
Post- entitlement work:
• Implementation Plan - MMRP and Conditions of Approval
• Preparation of final General Plan Amendment and Zoning documents for staff use
• Review of proposed Development Standards
• Review of future entitlement applications, as necessary
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Southeast Specific Plan (SESP)
Requested entitlements:.
• Annexation
• General Plan Amendment
• Prezoning
• Specific Plan
• Final Development Plan
• Development Area Plan
• Tentative Map
• Environmental Impact Report
• Development Agreement
Status:
The Screencheck Final EIR was recently prepared by PBS &J and NFA has reviewed FEIR and
compiled all staff comments on that document and transmitted to the EIR consultant. NFA will
provide direction on behalf of the City to PBS &J in order to complete the FEIR. NFA is working
with the applicant to finalize the proposed Specific Plan, Final Development Plan, and General
Plan Amendments. NFA is coordinating with Engineering and Planning on Development Area
Plan, Tentative Map Conditions of Approval, LAFCO application and the Development
Agreement. Tasks also include preparation for public hearings - draft and final staff reports
and exhibits, hearing noticing, and presentation materials.
Northeast Specific Plan (NESP)
Requested entitlements:
• Annexation
• General Plan Amendment
• Prezoning
• Specific Plan
• Final Development Plan
• Tentative Map
• Environmental Impact Report
• Development Agreement
Status:
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The staff comments on the Administrative Final EIR have been compiled and submitted to ESA
in August 2010. NFA will provide direction on behalf of the City to ESA in order to complete
the FEIR. Next submittal is the screencheck FEIR. As directed by the Planning and Building
Manager, General Plan amendment exhibits, Specific Plan edits and LAFCO applications will be
reviewed by NFA for completion and adequacy. Assist Planning and Building Manager in
review of outstanding application items and plans toward completion of the Specific Plan and
EIR process and preparation for public hearings - draft and final staff reports and exhibits,
hearing noticing, and presentation materials.
University District Specific Plan (UD)
Requested entitlements:
■ Tentative Map
■ Development Agreement Amendments
■ Potential Specific Plan Revision
■ CEQA compliance
Status:
The University District Specific Plan application was approved by the City in 2006. The
applicant's are considering submittal of revised tentative maps and potential revisions to the
Specific Plan and Development Agreement. Staff is in the process of evaluating the potential
changes and reviewing draft submittals. Application review will include revisions to the
approved tentative map and may include edits to the DA and Specific Plan. Review of the
previously - certified EIR for consistency with proposed actions will be required.
General Plan Amendments Update
Proposed Action:
■ Update and coordinate reprint of General Plan
Status:
A number of amendments to the City General Plan have been approved since its adoption in
2000. Those amendments will be incorporated into the text and figures of the General Plan and
the document reprinted. Currently, the amendments are described in a log attached to the
General Plan but many have not been included in the currently published version of the
General Plan, making it difficult to use. In addition, all General Plan figures have been
prepared in a program that does not allow the City to make edits to those figures. This task
would include completing the text and figure changes and converting all General Plan figures
into a program that the City can use.
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NFA Scope of Services
NFA's Principal Planner, Cathy Spence -Wells and other NFA staff as necessary will assist City
staff with the application processing and EIR preparation management for the specific plan and
planned development projects outlined above and with any other current and advanced
planning tasks as assigned by the Planning and Building Manager.
Ms. Spence -Wells will be the principal contact for communications with City staff, the
applicants, and the EIR consultants. She will ensure that all parties are kept informed and on
schedule with the work program and deliverables. She will consult City staff through every
phase of the CEQA and development review processes; and will promptly relate the relevant
information to appropriate parties to ensure accuracy and internal consistency.
Specific Plans/Planned Developments
Throughout the development.review process, NFA will act as a "clearinghouse' for all
environmental documents, technical reports, correspondence, and scheduling/ coordination of
meetings required to take the projects through the public hearing and EIR certification process.
NFA's proposed scope of work would include, but not be limited to, the following tasks:
EIR Preparation and Management Provide oversight and direction to SESP and NESP
applicants and environmental consultants throughout completion of the EIR process,
serving as primary contact between the City, the applicant and EIR consultant. NFA
will review environmental documentation completed to date and comment on the
environmental documents on behalf of the Planning Division. NFA will also compile all
EIR review comments completed by the various City departments and assist with the
interdepartmental coordination of EIR - related comments as needed. Take primary role
in oversight and management of the EIR preparation; ensure routing of submittals to the
appropriate departments and agencies; and provide EIR status/ schedule updates.
Ensure departmental files provide a legally- adequate EIR administrative record. For
other applications complete or review environmental documentation to ensure
compliance with CEQA and other state regulations.
■ Application Coordination Assist staff in ongoing processing and management of the
applications; update and organize all project files; review and comment on all project
submittals; and be responsible for scheduling regular meetings on an individual and
group basis between City staff, applicant and other agencies as needed to ensure steady
progress of the application processing. This would include communication and
coordination with each of the City departments and agencies in a manner that will
provide consistent responses and direction to the project applicant.
■ Development Agreement Provide support to City staff with Development Agreement
negotiations and completion of draft DAs.
■ Staff Report Preparation Prepare staff reports for Planning Commission and City Council
hearing, conditions of approval and findings, as directed by the Planning and Building
Manager.
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■ Public Hearing Preparation Prepare public presentation materials, including staff reports
and exhibits for the Planning Commission and City Council hearings.
Annexation Prepare annexation applications (SESP and NESP) and coordinate process
through LAFCO.
■ Project Implementation Review and provide input on all supporting plans, programs and
actions to ensure that the project is consistent with City policies and environmental
mitigation requirements. Coordinate update of Specific Plan, General Plan Diagram
and Zoning Map to reflect final decision on project.
Current and Advanced Planning Services
Upon request by City Planning and Building Manager, North Fork Associates staff will provide
current and advanced planning contract services. These services can assist staff with processing
project applications, environmental review, staff report preparation, project implementation
and advance planning project support.
Schedule and Costs
Charges for work completed under this scope of services will be billed according to North Fork
Associates' revised fee schedule which reflects a 5% hourly rate reduction for the Planning staff
(as shown in Exhibit B). As the time to complete the tasks associated with these projects is
unknown and will vary by project, NFA proposes to complete tasks on a time and materials
basis.
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EXHIBIT B
FEE SCHEDULE
rtk
associates
r
Revised Fee Schedule for City of Rohnert Park
Title Hourly Rate
PLANNING
NATURALRESOURCES
Principal Planner
Planning Manager
Senior Planner
Associate Planner
Assistant Planner
Resource Specialist
Principal Biologist
Senior Biologist
Associate Biologist
Assistant Biologist
Field Technician
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137.75
123.50
114.00
90.25
71.25
85.50
145.00
120.00
95.00
75.00
60.00
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PROJECT SUPPORT
CAD /GIS /Mapping Specialist 85.00
Graphics Technician 70.00
Project Administrator 85.00
Project Editor 85.00
Word Processing /Production /Admin Support 55.00
REIMBURSABLE EXPENSES
Subcontractors and direct, non -salary costs associated with document production, reproduction,
distribution, and project communications include a 10% administration charge.
Mileage is charged at the IRS approved rate.
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EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in
conformance with the requirements set forth below. Consultant will use existing coverage to comply with
these requirements. If that existing coverage does not meet the requirements set forth here, Consultant
agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the
insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form
CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits are subject to review but in
no event less than $2,000,000 (Two Million Dollars) per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol 1 (Any Auto)
or the exact equivalent. Limits are subject to review, but in no event to be less than $2,000,000 (Two
Million Dollars) per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -
owned auto endorsement to the general liability policy described above. If Consultant or Consultant's
employees will use personal autos in any way on this project, Consultant shall provide evidence of
personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as required by law
with employer's liability limits no less than $1,000,000 (One Million Dollars) per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide
coverage at least as broad as specified for the underlying coverages. Any such coverage provided under
an umbrella liability policy shall include a drop down provision providing primary coverage above a
maximum $25,000 self - insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy
limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be applicable to City for
injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form
coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered
Professional Services" as designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 (One Million Dollars) per claim and in the
aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
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Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers
in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City
agree to the following with respect to insurance provided by Consultant.
Consultant agrees to have its insurer endorse the third party general liability coverage required
herein to include as additional insureds the City, its officers, elected officials, employees, agents,
and volunteers using standard ISO endorsement No. CG 20 10 or an approved equivalent. If
completed operations coverage is excluded, the policy must be endorsed to include such coverage.
Consultant also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant,
or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss.
Consultant agrees to waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. The worker's compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
elected officials, employees, agents, and volunteers for losses paid under the terms of this policy
which arise from the work performed by the named insured for the City.
4. All insurance coverage and limits provided by Contractor and available or applicable to this
agreement are intended to apply to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations limits the application of
such insurance coverage.
None of the coverages required herein will be in compliance with these requirements if they include
any limiting endorsement of any kind that has not been first submitted to City and approved of in
writing.
6. No liability policy shall contain any provision or definition that would serve to eliminate so- called
"third party action over" claims, including any exclusion for bodily injury to an employee of the
insured or of any contractor or subcontractor.
All coverage types and limits required are subject to approval, modification and additional
requirements by the City, as the need arises. Consultant shall not make any reductions in scope of
coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect
City's protection without City's prior written consent.
Proof of compliance with these insurance requirements, consisting of certificates of insurance
evidencing all of the coverages required and an additional insured endorsement to Consultant's
general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement'coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
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9. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of
coverage. Consultant agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes
no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
10. It is acknowledged by the parties of this agreement that all insurance coverage required to be
provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-
contributing basis in relation to any other insurance or self insurance available to City.
11. Consultant agrees to ensure that subcontractors, and any other party involved with the project who
is brought onto or involved in the project by Consultant, provide the same minimum insurance
coverage required of Consultant. Consultant agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for review.
12. Consultant agrees not to self - insure or to use any self - insured retentions or deductibles on any
portion of the insurance required herein and further agrees that it will not allow any contractor,
subcontractor, Architect, Engineer or, other entity or person in any way involved in the performance
of work on the project contemplated by this agreement to self - insure its obligations to City. If
Consultant's existing coverage includes a deductible or self - insured retention, the deductible or self -
insured retention must be declared to the City. At that time the City shall review options with the
Consultant, which may include reduction or elimination of the deductible or self - insured retention,
substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the City will
negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, this Agreement will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Agreement.
15. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Consultant will renew the required coverage annually as long as City, or its employees or agents
face an exposure from operations of any type pursuant to this agreement. This obligation applies
whether or not the agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
17. Consultant shall provide proof that policies of insurance required herein expiring during the term of
this Agreement have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A
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coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate
of insurance and /or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five days of the expiration of the
coverages.
18. The provisions of any workers' compensation or similar act will not limit the obligations of
Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity
defenses under such laws with respect to City, its officers, elected officials, employees, agents, and
volunteers.
19. Requirements of specific coverage features or limits contained in this section are not' intended as
limitations on coverage, limits or other requirements nor as a waiver of any coverage normally
provided by any given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
20. These insurance requirements are intended to be separate and distinct from any other provision in
this agreement and are intended by the parties here to be interpreted as such.
21. The requirements in this Section supersede all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of this Section.
22. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any
way with the project reserves the right to charge City or Consultant for the cost of additional
insurance coverage required by this agreement. Any such provisions are to be deleted with
reference to City. It is not the intent of City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability by
such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims
if they are likely to involve City.
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1208604x1 80078/0012 Revised: 10 /08/10
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the President, and a duly authorized representative of the
firm of North Fork Environmental, Inc. dba North Fork. Associates, whose address is 110 Maple
Street, Auburn CA 95603, and that neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
Date Signature
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